NEWS RELEASE STATEMENT FROM THE HONORABLE STEVE TOTH
Former Texas State Representative for District 15, The Woodlands area
THE WOODLANDS, May 3, 2015: Why is the county using such extraordinary means and pressure to pass what should be a routine road bonds issue? Commissioners Court has played loose with the facts and the law from the very beginning.
- Doubling the County’s debt while claiming no tax increase.
- Claiming maintenance projects that only last 7 to 10 years will last for 20 plus years and to be financed for 30 years.
- Creating a committee of insiders by forming a questionable Political Action Committee (PAC)
- County Judge, at least one Commissioner, and other political officers appear to be violating Texas Ethics Commission rules by openly advocating for passage of the bonds
- Staging appearances almost every night somewhere in the county trying to sell the benefits of a pork-laden proposition.
Now we learn from the media about their likely illegal activity in the creation of the “Keep Montgomery County Moving” PAC, even crossing the ethics line again and again by holding PAC meetings in County offices during County working hours. They’ll do and say whatever they have to in order to pass this pork-laden bond and have me convinced that nothing they’re doing surprises me. When one sees the level of contributions to their PAC supporters, which according to the Houston Chronicle, amount to more than $100,000 in donations, it creates a cloud and issues beyond traffic and thoroughfares for Montgomery County. The list is filled with donations from contractors, engineers, real estate developers, and other conflict of interest donors, which demeans our county government and challenges its credibility. They would build roads for developers and claim it’s because we’re crying out for it while ignoring failed roads and intersections that residents and independent studies (HGAC Mobility Study) identify as being needed now.
If the commissioners are truly sincere about the need for road bonds projects, they should consider this proposition a first-draft only, stop this unwarranted rush to judgement, and go back to the drawing board preparing for the November election. This would allow them to meet with concerned citizens and groups as they have been doing in trying to peddle the bonds, but this time, the commissioners need to do the listening instead of the talking. The court should be working at bringing the County together rather than pitting us against one another. If they were to actually do that, Montgomery County residents would do what they do best and that’s looking out for one another.
Steve Toth
EXHIBIT A:
The Texas Ethics Commission Guide to Prohibition Against Using Political Subdivision Resources for Political Advertising in Connection with an Election (Revised September 2009)
“No matter how enthusiastic you are about an election, it is important to remember that the Texas Election Code prohibits the use of political subdivision resources to produce or distribute political advertising in connection with an election. Section 255:003 of the Election Code provides as follows:
EXCERPTS: The prohibition applies to any “officer or employee of a political subdivision.” In other words, if an officer or employee of a political subdivision makes a decision to use political subdivision resources in violation of the prohibition, the employee could be fined by the Ethics Commission or held criminally liable.
Also, it is not permissible to use or authorize the use of the paid time of an employee of a political subdivision to create or distribute political advertising.
Violations of the law often occur because someone finds it irresistible to wrap up a factual explanation with a motivational slogan such as:
“It pays to invest in the future.”
“It’s time to move ahead.”
“Let’s build a better city
“Show that you care about our future.”
*”Political advertising” is a communication that advocates a particular outcome in an election. It can be a communication in almost any written or broadcast form, such as a billboard, a flier, a newsletter, a poster, a television or radio ad, or an Internet site.
Remember: No matter how much factual information about the purposes of a measure election is in a communication, any amount of advocacy is impermissible.
*A violation of the prohibition is a Class A misdemeanor. This means that a violation could lead to criminal prosecution. Also, the Ethics Commission has authority to impose fines for violations of section 255.003.
Exhibit B:
ADVOCACY VIOLATIONS BY COMMISSIONERS AND OTHER POLITICAL EMPLOYEES AND OFFICERS OF SECTION 255:003 OF THE ELECTION CODE:
- Commissioner Charlie Riley letter on his County Stationery re Road Bonds: “I hope I can count on your support. You certainly have mine.”
- Commissioner Charlie Riley letter representing himself as a Commissioner: “I sincerely trust that we can all work together to ensure we move forward while maintaining a superior quality of life.”
- Commissioner Charlie Riley on Facebook: “Please Vote YES to the online poll for the upcoming Road Bond.”
- Township Director Mike Bass Newspaper Column: “Don’t throw the baby out with the wash water.” “The Woodlands Township board should unite its residents with all the voters east of I-45 to approve this road bond. I have pledged my effort to make passage a reality.”
- County Judge Craig Doyal on www.craigdoyal.com: “Join the Craig Doyal campaign for the future of Montgomery County, Texas.”
- County Judge Craig Doyal on Facebook:”Please see this important update from our road bond committee; Keep Montgomery County Moving release.” Linked directly to PAC site.
- PAC Co-Chair Nelda Blair: “We feel that, working alongside the four commissioner precincts, we have reached a viable bond issuance that voters can enthusiastically support.”
- Montgomery Co. Road Bond Forum Pros & Cons, April 2, 2015: “Speaking in Favor: Craig Doyal – Montgomery County Judge”
- State Representative Mark Keough – The Villager Newspaper Headline: “Keough supports $350M road bond; Riley backs extension project.”
- Commissioner Charlie Riley, Community Impact News: “Do y’all want me to sit here and study roads or fix the problems and move on?”
- Commissioner Charlie Riley, Facebook: “Let’s work together as friends and neighbors to keep Montgomery County moving.”
- Commissioner Charlie Riley, The Villager Newspaper: “Riley said he is concerned about the passage of the bond but his precinct supports the project.”
- County Judge Craig Doyal on his Twitter account links directly to promotional web site: Craig Doyal@Craig4MoCoFeb 10 Keep Montgomery County Moving release http://conta.cc/16Dq2Az http://fb.me/4ukw2K1yH
